Sara L. Edelman is a partner in the Advertising, Marketing & Promotions and Intellectual Property Practice Groups of Davis & Gilbert. Her practice is focused on advising media companies, advertising agencies, and advertisers on all aspects of copyright, trademark, right of publicity and false advertising law. In addition, Ms. Edelman regularly reviews and provides advice concerning the creation and production of advertising materials and drafts and negotiates a wide variety of agreements including talent contracts, music licenses, voiceover agreements, sponsorship agreements, consulting agreements, photographer agreements and licenses for other creative content.

Ms. Edelman also has considerable experience resolving complex issues and disputes involving claims of copyright infringement, violations of the rights of publicity, misappropriation of idea and false advertising, and is often involved in disputes before the National Advertising Division, the World Intellectual Property Organization and the National Arbitration Forum, and other adversarial proceedings related to these areas of law.

REPRESENTATIVE ENGAGEMENTS

Successfully represented a well-known food products company and its advertising agency, in an action brought by the estate of an NFL Films announcer. The estate claimed that a "sound-alike" voiceover in commercial violated the announcer's right of publicity and caused consumers to believe falsely that the announcer endorsed its product.

We represented a major computer company in a copyright infringement and right of publicity action in which the plaintiff asserted that our client was liable for a third party software developer's allegedly unauthorized use of her photograph as the icon for one of its "Apps."

Represented a major drug manufacturer and its advertising agency in a defamation and right of publicity action in which the plaintiff, a model, alleged that her picture (along with a fictional biography) was used without her consent in advertising to promote a drug used to treat HIV.

Advised a national advertising agency on the development and execution of a complex campaign involving user-generated content and social networking platforms.

Represented a major fashion company in a talent agreement for the use of talent's image in a worldwide advertising campaign.

Negotiated a television distribution agreement on behalf of a leading content provider.

Structured and negotiated a deal for the acquisition of numerous domain names allowing the client to launch a new branding campaign and product.

Advised a leading advertising agency on a viral campaign involving significant copyright and parody issues.

Successfully represented a national advertising agency in defeating a copyright claim brought by a leading artist who claimed that an advertising campaign infringed his copyright rights in a series of photographs.

Advised a major apparel company on issues involving FTC endorsement guidelines and bloggers.

Represented a leading advertising agency and its client in a complex copyright and misappropriation of idea dispute brought by a freelance art director.

Successfully represented a television production company in a dispute alleging misappropriation of idea and breach of contract in connection with two episodes of a television show.

Successfully represented a major wireless company in a proceeding before the NAD.

Successfully defended a premier consumer products company and global advertising agency against copyright infringement and misappropriation of idea claims brought by a filmmaker in connection with an advertising and marketing campaign.

Successfully represented a prominent composer in a copyright infringement lawsuit against Universal Music, Dr. Dre and Eminem concerning a track on The Marshall Mathers LP.

Successfully dismissed a copyright and trademark suit against a leading worldwide advertising agency and its client involving the display of an artist's mural in a television commercial based on demonstrating that defendants used only minor portion of the mural and that plaintiff's work did not function as a trademark.

Successfully prosecuted trademark infringement action on behalf of book publisher in which the publisher of a competing line of books agreed to change the name of its line of publications.

BAR ADMISSIONS

EDUCATION

REPRESENTATIVE ENGAGEMENTS

Successfully represented a well-known food products company and its advertising agency, in an action brought by the estate of an NFL Films announcer. The estate claimed that a "sound-alike" voiceover in commercial violated the announcer's right of publicity and caused consumers to believe falsely that the announcer endorsed its product.

We represented a major computer company in a copyright infringement and right of publicity action in which the plaintiff asserted that our client was liable for a third party software developer's allegedly unauthorized use of her photograph as the icon for one of its "Apps."

Represented a major drug manufacturer and its advertising agency in a defamation and right of publicity action in which the plaintiff, a model, alleged that her picture (along with a fictional biography) was used without her consent in advertising to promote a drug used to treat HIV.

Advised a national advertising agency on the development and execution of a complex campaign involving user-generated content and social networking platforms.

Represented a major fashion company in a talent agreement for the use of talent's image in a worldwide advertising campaign.

Negotiated a television distribution agreement on behalf of a leading content provider.

Structured and negotiated a deal for the acquisition of numerous domain names allowing the client to launch a new branding campaign and product.

Advised a leading advertising agency on a viral campaign involving significant copyright and parody issues.

Successfully represented a national advertising agency in defeating a copyright claim brought by a leading artist who claimed that an advertising campaign infringed his copyright rights in a series of photographs.

Advised a major apparel company on issues involving FTC endorsement guidelines and bloggers.

Represented a leading advertising agency and its client in a complex copyright and misappropriation of idea dispute brought by a freelance art director.

Successfully represented a television production company in a dispute alleging misappropriation of idea and breach of contract in connection with two episodes of a television show.

Successfully represented a major wireless company in a proceeding before the NAD.

Successfully defended a premier consumer products company and global advertising agency against copyright infringement and misappropriation of idea claims brought by a filmmaker in connection with an advertising and marketing campaign.

Successfully represented a prominent composer in a copyright infringement lawsuit against Universal Music, Dr. Dre and Eminem concerning a track on The Marshall Mathers LP.

Successfully dismissed a copyright and trademark suit against a leading worldwide advertising agency and its client involving the display of an artist's mural in a television commercial based on demonstrating that defendants used only minor portion of the mural and that plaintiff's work did not function as a trademark.

Successfully prosecuted trademark infringement action on behalf of book publisher in which the publisher of a competing line of books agreed to change the name of its line of publications.